Purposes for processing
The National Health Service (Performers Lists) (England) Regulations 2013 (Performer List Regulations) as amended provides the regulatory framework for managing medical, dental and ophthalmic performers who perform primary care services and entrusts the responsibility for managing the performers lists to NHS England as the commissioner of primary care services. NHS England’s Framework for Managing Performer Concerns sets out NHS England’s governance arrangements for operationalising the Regulations.
To meet our obligations we have established a framework for managing performer concerns. This framework encompasses:
- the process for considering applications and decision making for inclusion, inclusion with conditions and refusals to be undertaken by NHS England’s local offices;
- the process by which teams identify, manage and support primary care performers where concerns arise; and
- the application of NHS England’s powers to manage suspension, imposition of conditions and removal from the performers lists.
NHS England has established Performance Advisory Groups (PAGs) and Performers Lists Decision Panels (PLDPs) within local teams in order to support its responsibility in managing the performance of primary care performers. The PAG’s role is to consider concerns about a named individual, who is either included on the Performers List, has a prescribed connection to NHS England, or is a Pharmacist, and determine the most appropriate course of action. It can instruct an investigation where it considers it appropriate and it can agree voluntary undertakings with a performer when low level concerns have been identified and the performer accepts this to be the case. The primary role of the PLDP is to make decisions under the Performers Lists Regulations. This does not prevent the PLDP from taking any action that the PAG can take.
Sources of the data
The data sources are far-reaching and data may be provided by anyone raising a concern with regards to primary care practitioners.
Categories of personal data
The data includes the identity of the performer, details of the concern and the details of the person raising the concern as well the outcomes of any action taken regulatory or not.
Categories of recipients
The data is received by performance advisory groups and performers list decision panels. Records are held by teams in NHS England’s Medical Directorate and Commissioning Operations Directorate. Regulatory or law enforcement bodies may be informed as deemed necessary.
Legal basis for processing
For GDPR purposes NHS England’s lawful basis for processing is Article 6(1)(e) ‘…exercise of official authority…’. For the processing of special categories data the basis is 9(2)(h) ‘…health or social care…’.